1990 (2) TMI 58 - HC - Customs

Summary

Issues:
1. Dispute over the valuation of imported goods
2. Refusal to release goods due to demurrage charges
3. Application of Equipment Sales Corporation's case to the present situation

Analysis:

Issue 1: Dispute over the valuation of imported goods
The petitioner, a partnership firm engaged in manufacturing plastic bangles and molding articles, imported raw materials with an invoice value of US Dollars 650. Customs Authorities questioned the valuation and issued a show cause notice to raise the value to US Dollars 4000. The Appellate Tribunal ruled in favor of the petitioner, fixing the value at 750 US Dollars. The Department's appeal to the Supreme Court was unsuccessful. When the petitioner sought to release the goods at the appellate value, they were refused due to demurrage charges.

Issue 2: Refusal to release goods due to demurrage charges
The goods detained were under the custody of the respondents as approved custodians per Public Notification No. 21/81. The Court referred to the Equipment Sales Corporation's case, stating that a detention certificate must be issued when goods are detained by Customs authorities. If the importer succeeds in the dispute, a demurrage waiver certificate should follow. In this case, the respondents did not issue a demurrage waiver certificate despite the favorable ruling, leading to the goods remaining uncleared.

Issue 3: Application of Equipment Sales Corporation's case
The Department argued that the Equipment Sales Corporation's case did not apply to the present situation. However, the Court disagreed, emphasizing that the petitioner had succeeded in the litigation by having the value fixed at 750 US Dollars, not the proposed 4510 US Dollars. The Court criticized the Department's refusal to issue a demurrage waiver certificate, as required by the legal precedent.

In conclusion, the Court allowed the Writ Petition, directing respondents 1 and 2 to issue the necessary demurrage waiver certificate. Upon production of the certificate, respondent 3 was ordered to release the goods to the petitioner without demanding any charges. The Court upheld the principles established in the Equipment Sales Corporation's case, emphasizing the importance of following legal procedures and providing relief to successful litigants in customs disputes.